The suit leading
to the appeal originated from the High Court of Lagos State. The Respondents applied to the Court of Appeal for an order granting
them an extension of time within which to appeal from the Ruling of the High
Court of Lagos State given on the 22nd day of February, 1982. The Ruling
was neither verified in the Affidavit in support of the motion nor exhibited along
with the motion paper.

The Court of Appeal in a judgment dated 21st
April, 1982 granted the Respondents an extension of time within which to appeal
against the order of the Lagos State High Court per Hon. Justice C.O.O Bada.
The Court held in granting the application that the case of Ibodo
and ors. V. Enarofa (1980)5-7 S.C. 42 at pp. 53-57 as
relied on by the Learned Counsel for the University of Lagos isdistinguishable
from the case particularly when it was not contesting the Rules of the Court in
coming to its decision.

The Supreme
Court in deciding the appeal held that Ibodo's
case is a subsisting judgment of this Court on the requirements for an
application under Order 7 Rule 4(2) of the Supreme Court Rules 1977, which is
in pari materia with Order 3 Rule 4(2) of the Federal Court of Appeal Rules
1981. Where a higher court in the hierarchy of courts has construed a rule of
court which is in pari materia with the rules of a lower court that decision of
the higher court is binding on the lower court in so far as the meaning of that
rule of court is concerned. Therefore Ibodo’s case is clearly binding on
the Court of Appeal and it was an error of law not to have followed it.

The Court also held in the lead judgment delivered
by Nnamani J.S.C (page 143 paragraph B-C) that “Unless the exercise of discretion by a court of first instance or by a
lower court is manifestly wrong, arbitrary, reckless or injudicious an
appellate court would not interfere merely because faced with similar
circumstances it would have reacted differently. See Tetteh Worbi and Ors. V Adamali Asamanyuam and Ors. 14 W.A.CA. 669 at
671.”

Accordingly, the Supreme Court unanimously allowed
the appeal and set aside the judgment of the Court of Appeal.

This principle as
laid down by the Supreme Court has been followed strictly and applied by the
Court in cases such as IN RE ADEWUNMI (1988) 3 NWLR (PT. 83) 483,
NWABUEZE V NWOSU (1988) 4 NWLR (PT. 88) 257 and others.